Commonwealth v. James Kenneth Kihn; Man on Probation for Child Porn Possession Found with More Child Porn; Sentenced to 27 Years

Monday, November 19, 2018

​Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced that James Kenneth Kihn, 33 years old, formerly of the 100 block of W. Government Avenue in Norfolk, Virginia, was sentenced today a Violation of Probation charge. Circuit Court Judge Steven C. Frucci sentenced Kihn to serve 27 years in prison, which was the maximum sentence he could have imposed.The Virginia State Sentencing Guidelines recommended a range of one (1) day to three (3) months in jail.

Kihn pled guilty to violating his probation. The Commonwealth's evidence would have proven that on August 3, 2011, Kihn was sentenced to 33 years in prison with 27 years suspended, leaving six (6) years to serve, for a total of 11 counts of Possession of Child Pornography. Effective May 29, 2015, upon his release from prison, Kihn was to be on indefinite supervised probation and good behavior for 27 years. In January and February 2018, Norfolk probation officers had contact with Kihn and visited his home. Kihn admitted to using marijuana and methamphetamine, and was found to be in possession of dozens of images of child pornography. These were violations of the terms of his good behavior provisions; therefore a probation violation was initiated by the Virginia Beach Office of the Commonwealth's Attorney. Kihn admitted to downloading the images to his cell phone.

Because Kihn had 27 years of his previous 33-year sentence suspended, 27 years was the maximum sentence Judge Frucci could impose today for the Violation of Probation. ​